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Full-Text Articles in Law
Protection Of Victim-Witnesses Of Human Rights Violations In Criminal Prosecutions In Nigeria, Suzzie Onyeka Oyakhire
Protection Of Victim-Witnesses Of Human Rights Violations In Criminal Prosecutions In Nigeria, Suzzie Onyeka Oyakhire
The Transnational Human Rights Review
The protection of victims of crime and witnesses in criminal trials from intimidation is gradually being recognised in Nigeria as a critical aspect of criminal justice administration. Policing activities leave a record of widespread human rights violations committed by law enforcement and security personnel. Attempts to investigate and prosecute these violations are impeded by acts of intimidation or threats of reprisals against the victim who testifies as a witness in criminal proceedings against the perpetrators. This expository paper brings to the fore the importance of interrogating the issues of protection for victim-witnesses participating in criminal proceedings and ensuring accountability for …
Citizenship Deprivation As An Act Of Persecution: Case Study Of The Assam Citizen Exercise As A Precursor To A Nation-Wide Determination Of Citizenship, Ishita Chakrabarty
Citizenship Deprivation As An Act Of Persecution: Case Study Of The Assam Citizen Exercise As A Precursor To A Nation-Wide Determination Of Citizenship, Ishita Chakrabarty
The Transnational Human Rights Review
This essay explores the reasons behind describing India’s Citizenship practices (now modified through the Citizenship Amendment Act 2019) as ‘persecutory’. In doing so, the essay refers to the international law on citizenship conferment and withdrawal that has traditionally been viewed as exclusive to a state’s sovereign domain. The essay also looks into the socio-political dynamics, past persecutory conduct exemplified by the Assam-NRC exercise and the lack of protection afforded by those entrusted with the legal duty of conferring and withdrawing citizenship. The essay further uses the Assam-NRC exercise as a case study to claim that there exist well-founded grounds for …
Transformative Constitutions And Constitutionalism : A New Theory And School Of Jurisprudence From The Global South?, Willy Mutunga
Transformative Constitutions And Constitutionalism : A New Theory And School Of Jurisprudence From The Global South?, Willy Mutunga
The Transnational Human Rights Review
The article seeks to interrogate, historicize, and problematize what transformative constitutions and their attendant constitutionalism/jurisprudence are. Some of the critical elements of transformative constitutions are analyzed as well as the development of the jurisprudence that is emerging from these constitutions. In the quest for an answer to the question posed, which is the title of the article, Kenya is used as a case-study. Kenya has had a transformative constitution since it was promulgated on 27 August 2010. Its core elements/pillars of transformation are highlighted in this article. Kenya’s experience with the implementation of this Constitution, particularly with regard to the …